Transport Ruling

Doug Paulley recently won a legal ruling that could have widespread implications for wheelchair users that rely on public transport.

The supreme court judgement highlights the need for legislative changes and ruled the ‘first come first served’ policy was unlawful discrimination in breach of the Equality Act 2010.

Doug, from Wetherby, West Yorkshire took a bus company to court after he was told he could not get on a bus because a pushchair user refused to give up the space.

“I was told to get off the bus and wait for the next one. Having approached the company directly in various other ways, this seemed the only way to force them to take the issue seriously and to make adjustments so wheelchair users can reliably take the bus.”

In the February ruling the court allowed Paulley’s appeal to the extent that the driver should have taken further steps to pressurise the non-wheelchair user into making space.

Doug took his claim for discrimination to the supreme court after the court of appeal decided transport firms were not required to force one traveller to make way for another.

Welcoming the decision Doug said: “I’m absolutely delighted. It represents a significant cultural change. It’s been a long fight of five years by a lot of people. I’m incredibly grateful that so many people put so much time, effort and passion into it. I know it was done for the cause. We have achieved something here that will make a difference not just for wheelchair users but for other disabled people.

The judgment strongly recommends that the law be looked at again, regarding priority for wheelchair spaces. The Minister for Disabled People, and the Department for Transport have indicated that they will look at taking action on this.”

The Paulley principle’ – as it is now being called – should give disabled travelers the expectation that they have a right to travel. The future policy of transport firms should go as far as removing people from the bus who do not comply with a request to make room. There is now priority and right of access.

The transport select committee has suggested that an EU regulation that will make disability training for bus drivers compulsory should be incorporated into domestic legislation.

The ruling sends a clear message to transport providers right across the UK that they have a responsibility to make travel easier and more comfortable for all of their customers.

A bus services bill is currently going through parliament.

SIS regularly consults and advises government on transport and travel issues for its members.